Gorelick v Star Markets Company Inc. Mass Appeals Court 2023 FACTS Supermarket (Shaws, a part of Star Markets) bought automatic doors from the manufacturer and… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
Emotional distress of spouse from witnessing spouses’ fatal injury was not “bodily injury” for purposes of collecting from Massachusetts car insurer. Mass Appeals Court case… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion
Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance… Read More »General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion
Philadelphia Indemnity v Consigli Construction Co. Inc, Dist Court D Mass (2018) PARTIES AND FACTS Pipes burst in a Condominium. The Condominium, insured by Philadelphia,… Read More »Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case
Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor… Read More »Construction insurance – expensive because it is incomprehensible
Mass corporation liable for unauthorized guarantee due to shoddy corporate paperwork and inaction after learning. People’s United Bank v B&B Fire Protection Inc. Mass App… Read More »Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for… Read More »Contractual risk transfer – this time it worked.